HomeMy WebLinkAboutOrd 15354
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JEROME F. COLEMAN
CITY OF BURLINGAME
301 PRIMROSE ROAO
BURLINGAME, GLIF.84010
ORDINANCE NO. 1535
PROVIDING FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain
as follows
Section 1. Chapter 8.16 of the Burlingame Municipal Code is
hereby amended to read as follows:
"Chapter 8.16
Solid waste
8.16.010 Definitions.
Whenever the following defined words and phrases are used in
this chapter., they shall have the definitions or meanings estab-
lished by this section, unless it is clearly apparent from the
context in which the word or phrase appears that a different
definition or meaning is intended.
"Animal waste" means manure, fertilizer or any form of solid
excrement produced by any and all forms of domestic or commercial
animals.
"Bottles and jars" means glass and plastic containers,
including container glass covered by Section 14500 et seq. Of the
Public Resources Code, and excluding household and kitchen
containers such as drinking glasses, cups and cooking and serving
dishes.
"Cardboard" means post -consumer waste paper grade corrugated
cardboard (#11), kraft (brown) paper bags or solid fiber boxes
which have served their packaging purposes and are discarded and
can later be reclaimed for collection and recovery for recycling.
"Collection" means the scheduled pick up of solid waste but
Ices not include the random picking up of loose litter from public
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JEROME F. COLEMAN
CITYCOF BU RLINGAME
601 PRIMROSE ROAD
BURLINGAME, CALIF 94010
places or places open to the public.
"Composting" means the controlled biological decomposition of
organic wastes that are source separated from the solid waste
stream. Such organic wastes include vegetable, animal, yard and
wood wastes which are not hazardous wastes.
"Construction waste" means the rubble resulting from construc-
tion, remodeling, repair and demolition activities on housing,
commercial or governmental buildings and any other structure and
pavement
"Franch.isee" means any solid waste collector authorized by the
city council pursuant to the procedures established in this
chapter.
"Garbage" includes, but is not restricted to, every accumula-
tion of animal, vegetable or other matter:
(1) Resulting from the preparation and consumption of edible
foodstuffs; or
(2) Resulting from decay or the storage of meats, fish, fowl,
or vegetables, including the cans, containers or wrappers of such
materials; or
(3) Industrial, domestic and organic solid wastes or residue
of animals sold for meat; or
(4) Vegetable and animal matter from kitchens, dining rooms,
markets, food establishments or any other place using, dealing in
or handling meats, fish, fowl, vegetables or grains; or
(5) offal, animal excreta or carcasses of animals, fish or
fowl; or
(6) Non -recyclable glass, paper or metal products.
"Non-combustible rubbish" means ashes, bottles, broken
crockery, glass, tin cans, metal and metallic substances which will
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JERO ME F. COLEMAN
olrr nnoary ev
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALJF.94DI0
not incinerate through contact with flames of ordinary temperature.
"Owner or occupant" means and includes every owner of, every
tenant or person who is in possession or an inhabitant of or has
the care and control of a residential dwelling unit or a place of
business located in the city.
"Person" means any individual, form, corporation, association
or group or any combination thereof acting as a unit.
"Place of business" means any hotel, motel, trailer court,
restaurant, cafeteria, market, hospital or any educational,
professional, commercial or industrial establishment of any nature
whatsoever where there is a generation of solid wastes.
"Recyclable materials" or "recyclables" means materials that
are recyclable and/or reusable, including paper, paperboard,
chipboard, cardboard, plastic and glass jars and bottles, aluminum
and tin and bi-metal cans.
"Recycle" or "recycling" means the process of collecting,
sorting, cleansing, treating and reconstituting materials that
would otherwise become solid waste and returning them to the
economic mainstream in the form of raw material for new, reused or
reconstituted products which meet the quality standards necessary
to be used in the marketplace.
"Recycling operator' means a person or persons, firm,
partnership, joint venture, association or corporation engaged in
the collection and recycling of recyclable materials.
"Residential dwelling unit" means each place used for
residential dwelling purposes for a single family. A structure may
nave one or more residential dwelling units. No place used
primarily for business purposes shall be considered as a residen-
tial dwelling unit.
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JEROME F. COLEMAN
Ar ORNEY
CIT' OF BURLINGAME
301 PRIMROSE ROAD
BURLINGAME. CALIF. 94010
"Rubbish" includes, but is not restricted to, all nonrecyclab-
le waste or debris such as paper, cardboard, tree or shrub
trimmings, rugs, straw, clothing, wood or wood products, crockery,
glass, rubber, metal, plastic, construction waste and debris and
other similar materials.
"Solid waste" means all putrescible and non-putrescible solid,
semi-solid and liquid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, demolition and construc-
tion wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, dewatered, treated or chemically fixed
sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semi-solid wastes and other discarded solid and
semi-solid wastes. "Solid waste" does not include Hazardous Waste
as defined in Section 40141 of the Public Resources Code.
"Solid waste collector" means any person or persons, firm,
partnership, joint venture, association or corporation engaged in
the collection, transportation or disposal of solid waste generated
in the city.
"Solid waste disposal" includes the collecting, transporting
and disposal of solid waste generated within the city.
"Solid waste facility" means any recycling center, materials
recovery facility, intermediate processing center, incineration
facility or landfill where solid waste may be taken for immediate
processing or final disposal. "Solid waste facility" includes a
solid waste transfer or processing station and a composting,
transformation or disposal facility.
"Streets" means the public streets, alleys and right-of-ways
as the same now or may hereafter exist within the city.
"Segregate" means any of the following: the placement of
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JEROME F. COLEMAN
ClT OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALIF.94010
recyclables in separate containers; the binding of recyclable
material separately from other waste material; the physical
separation of recyclables from other waste material.
"Wood wastes" means lumber and wood products but excludes
painted wood, wood treated with chemicals and pressure -treated
wood.
"Yard wastes" means leaves, grass, weeds and wood materials
from trees and shrubs.
8.16.020 Solid waste accumulations.
(a) No person shall, for another, collect, remove or dispose
of any solid waste within the city, nor transport the same over any
public street or right-of-ways, unless a franchise to do so has
first been obtained from the city; provided, that any person who
collects, removes, or disposes of only recyclables shall only be
required to obtain a city business license.
(b) It is unlawful for any person to permit, allow or enter
into any agreement whatsoever for the collection or transportation
of solid waste or recyclable material with any person who does not
possess a franchise or business license.
(c) It is unlawful for any person to store or accumulate the
following material for any length of time other than as follows:
(1) garbage, in excess of that required by the San Mateo
County Health Department or one week, whichever is less;
(2) combustible or non-combustible rubbish or rubbish combined
with recyclable material in excess of one week; or
(3) recyclable materials, separated for collection, in excess
of thirty (30) clays;
(d) No person shall place or cause to be placed any solid
waste generated upon any property or by any residential, commercial
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JEROME F. COLEMAN
AI ORNEY
CIW OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME. CAUF.94OIO
or industrial use into any
container other
than those owned
or
controlled
by such person,
unless permission for such use
is
granted by
the commercial
or residential
customer owning
or
controlling
the container.
(e) It
is unlawful for
any person owning,
occupying or having
control of
any premise to
set out or cause
to be set out
for
collection
any solid waste
other than that
originating on
the
premises.
(f) It is unlawful for any person to dispose of solid waste in
or near litter or recycling containers placed by the city or any
other agency in public places for incidental use by pedestrian or
vehicular traffic, or in recycling containers or enclosures
maintained by the city in commercial zones.
(g) It is unlawful for any person to accumulate, keep or
deposit solid waste in such a manner that a public nuisance is
created, including, but not limited to, allowing flies, mosquitoes
or rodents to breed therein.
(h) Other than as herein set forth, it is unlawful for any
person to dump, bury, burn, incinerate or otherwise dispose of or
store or accumulate any garbage, combustible or non-combustible
rubbish, miscellaneous debris or combined rubbish or solid waste on
any private or public property within the city, provided, however,
that leaves, grass clippings and the like may be composted.
(i) No person shall cast, place, sweep or deposit any solid
waste on any street, sidewalk, alley, sewer, storm drain, creek,
parkway, or other public place or into any occupied premises within
the city except in an appropriately designated solid waste
container.
j) No conunercial or residential customer owning, occupying or
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JEROME F. COLEMAN
Cj Y OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF. 94010
having the control of any premises or vacant lot or any person
occupying a dwelling within the city shall permit any solid waste
to become or remain offensive, unsightly or unsafe to the public
health or safety or to deposit, keep or accumulate or permit to
cause any solid waste to be deposited, kept, or accumulated, upon
any property, lot, or parcel of land or upon any public or private
place, street, lane, alley or driveway, except as allowed in this
chapter.
8,16,030 Exemptions.
The following types of collection or transportation of solid
waste are exempted from the requirements of this chapter:
(a) Yard waste removed from a premises by a gardening,
landscaping or tree trimming contractor having a city business
license and as an incidental part of a total service offered by
that contractor rather than as a disposal service, and tree
trimmings, clippings and all similar materials generated at parks
and other publicly maintained premises;
(b) Demolition debris removed from a premises by a licensed
contractor as an incidental part of a total service offered by that
contractor rather than as a disposal service;
(c) By-products of sewage treatment, including sludge, grit
and screenings;
(d) The collection of hazardous or dangerous waste as part of
regular services, including, without limitation, liquid and dry
caustics, acids, bio -hazardous, flammable or explosive materials,
insecticides and similar substances;
(e) Solid waste, recyclable materials and yard wastes which
are generated at any residential dwelling unit or place of business
and which are transported personally by the owner or occupant of
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JEROME F. COLEMAN
CITY ATTORNEY
CITY OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF. 94010
such premises (or by his or her full-time employees) to a licensed
solid waste or recycling facility in a manner consistent with this
chapter and other applicable laws.
(f) An exemption to the mandatory disposal requirements set
forth hereinabove may be applied for under the condition that the
individual or property owner shows proof of use of a city -approved
solid waste collection alternative, including, but not limited to,
on-site composting. Said exemptions may be approved by the city
manager or the city manager's designee.
8.16.040 Obligations of customers.
(a) Unless otherwise expressly excepted by this chapter, the
owner, occupant or other person responsible for the day-to-day
operation of all residential, commercial, or industrial properties
in the city shall contract with a city franchisee for the removal
and disposal of solid waste generated from the use of the property.
(b) The franchisee is authorized to charge all customers a fee
for the collection and transportation of solid waste, subject to
the approval by the city council of the fee. Such fees may
include charges for collection, landfills, recovery or recyclables,
composting and may include the cost of preparing and implementing
source reduction, recycling elements and integrated waste manage-
ment plans
(c) Solid waste shall be kept free of all hazardous materials
and placed in a closed container unless other acceptable arrange-
ments are made with the franchisee.
(d) Containers shall be made of metal or plastic, if barrels,
or plastic, if bags, and of sufficient strength to prevent them
from being broken under ordinary conditions.
(e) Containers shall be maintained in a clean, safe, sanitary,
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JERO ME F. COLEMAN
CITVOOF BURLINGAME
3PRIMROSE ROAD
BURLINGAME, CALJF.94010
and water -tight condition.
f) Garbage or other refuse containing water or other liquids
shall be drained before being placed in a container.
(h) Animal waste shall not be placed in container for regular
collection and disposal, but shall be removed by the owner or
occupant.
(i) Unless
provisions to prevent litter are otherwise
provided, no
person shall so fill any
container with garbage or
rubbish above
the
top of the container
to such extent as to permit
the contents
of
any container to be
blown or otherwise strewn
about.
(j) Paper
bags
and cardboard containers shall
not
be
used as
containers for
the
disposal of garbage or rubbish
but
may
be used
for recyclables.
(k) If rubbish either from residences or from places of
business is of such a nature that it cannot be placed in a
container, it shall be carefully placed beside the container in
securely tied bundles not to exceed one cubic yard in size and
weighing not more than fifty (50) pounds. Tree limbs, trunks,
hedge cuttings, brush and lumber shall not exceed four feet in
length.
(1) Any containers placed for collection along a street,
roadway, or alley shall be set out only on the day established for
the collection on the particular route or after five -thirty (5:30)
p.m. on the day immediately prior to such collection, and shall not
remain thereon for more than eighteen (18) hours after it has been
emptied.
(m)
Any
container
placed
for
collection along
a street or
roadway
shall
be placed
between
the
curb line and the
property line
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JERO ME F. COLEMAN
CITVOOF BU RLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALIF.94010
as close to the curb line or edge of the street or roadway as
practicable.
(n) Any container placed for collection in any alley shall be
placed as close to the property line as practicable.
(o) No person, including a solid waste collector, shall place
or cause to be placed any solid waste or solid waste container in
anv public street or roadway without an encroachment permit from
the city or
in
any
place or in any manner inconsistent with the
regulations
of
this
chapter.
(p) Each olnmer or occupant of a residential dwelling unit or
place of business shall maintain supervision and surveillance over
the solid waste containers on the premises and shall maintain the
same in a sanitary condition. If the containers should not be
emptied and the contents removed on the date and time scheduled by
the franchisee, they should immediately notify the franchisee and
it shall be the duty of the franchisee to, within twenty-four (24)
hours thereafter, arrange for the collection and disposal of the
solid waste.
(q) Solid waste which exceeds the limitations hereinabove set
forth may, in the discretion of the franchisee, be scheduled for
special collection upon the application of the owner or occupant of
the premises. Special collection charges may be assessed by the
franchisee for this service.
(r) No person, other than the owner thereof, owner's agents or
employees or an officer or employee of the city or any person
holding a franchise or license from the city for the collection or
disposal of refuse or recyclables shall remove any materials set
out for recycling collection or tamper or meddle with any solid
waste or recycling container or the contents thereof, or remove the
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JERO ME F. COLEMAN
CITY ATronry Er
CITU OF BURLINGAME
501 PRIMROSE ROAO
BURIJNGAME, CALIF 94010
contents of any such container, or remove any such container from
the location where the same shall have been placed by the owner
thereof or owner's agent.
8.16.050 Recyclable materials.
(a) Recyclables placed at the curb of residential properties
shall be separated from other solid waste in a manner approved by
the city and shall be placed for collection in the container
provided by the recycling operator for such material.
(b) Recyclables placed at the curb of residential properties
or placed for collection at other recycling locations for pick up
by a franchisee or licensee shall become the property of the
franchisee or licensee at the time of their placement in the
recycling containers or otherwise set out for collection.
8.16.060 Special provisions regarding method of disposal.
(a) Highly flammable or explosive or radioactive refuse shall
not be placed in container for regular collection and disposal but
shall be removed under the supervision of the Burlingame Fire
Department at the expense of the owner or possessor of such
material.
(b) No battery acid, poisonous, caustic or toxic material or
other substance capable of damaging clothing or causing injury to
persons shall. be mixed or placed with any rubbish, garbage or other
solid waste which is to be collected, removed or disposed of by the
city's franchisee."
Section 2. This ordinance shall be published as required by
law.
11.
`�:� Mayor
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JERO ME F. COLEMAN
Arro RN Ev
CITYOOF BU RLIN6AME
501 PRIMROSE ROAD
RURLINGAME, CALIF.9A010
I, Judith A. Matti,
City Clerk of the
City
of Burlingame,
do hereby certify that the
foregoing ordinance
was
introduced at a
regular meeting of the City
Council held on
the
- 6 th day of
NOVEMBER 1 1995, and
was adopted thereafter
at a regular
meeting of the City Council
held on the 4th
day
of DECEMBER
1995, by the following vote:
AYES: COUNCILMEMBERS:
HARRISON, JANNEY, KNIGHT,
O'MAHONY,
SPINELLI
NOES: COUNCILMEMBERS:
NONE
ABSEINT: COUNCILMEMBERS:
NONE
al
City Cl
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CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
PROVIDING FOR COLLECTION AND DISPOSAL OF SOLID WASTE
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. 1535 adopted
December 4 , 1995:
Repeals existing ordinance concerning garbage and adopts
new ordinance concerning solid waste, including definitions,
requirements for collection and disposal of solid waste and
recyclables, obligations of franchisees, licensees and customers,
exemptions and violations.
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'f4AHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated: December 5, 199 r,
Prepped by
JER�)ME'F. COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE
PROVIDING FOR COLLECTION AND DISPOSAL OF SOLID WASTE
Pursuant
to
Government Code Section 36933(c)(1)
the following
is a summary
of
proposed Ordinance No. 1535
Repeals existing ordinance concerning garbage and adopts
new ordinance concerning solid waste, including definitions,
requirements for collection and disposal of solid waste and
recyclables, obligations of franchisees, licensees and customers,
exemptions and violations.
Said ordinance was introduced on November 6 1995; a
public hearing thereon will be held December 4 1995, at 7:30
p.m, at the City Council Chambers, Burlingame City Hall, 501
Primrose Road, Burlingame, California.
A copy of said proposed ordinance is available in the City
Clerk's office, 501 Primrose Road, Burlingame, California.
Dated: IVovmeber 7, 1995
Prepared by
JEROME F. COLEMAN
City Attorney